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NAVY | DRB | 2002_Navy | ND02-00550
Original file (ND02-00550.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-FA, USNR
Docket No. ND02-00550

Applicant’s Request
The application for discharge review, received 020319, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021217. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the Applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. Being only 19 when I was discharged from the Navy and having served my country for 2 years, I was very young. This was my first time being away from home and I made bad choices. I'm now older with a wife and two children. I have worked in the same field since leaving the Navy and I'm responsible for my actions.

I'm asking to have my discharge upgraded because I was so young and made mistakes but my hope is to not have this held against me my whole life. I regret what happened and hope that I can close the door on past mistakes.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 890407               Date of Discharge: 910613

 Length of Service (years, months, days):

         Active: 01 09 01
         Inactive: 00 05 05

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 25

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (2)    Behavior: 2.40 (2)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 Days of Unauthorized Absence: 1

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

890913:  Applicant ordered to active duty for 36 months under the Active Mariner Program.
900515:  Civil Conviction for violation of driving under the influence.
 Sentence: Fined $50.00 and court costs of $105.00, operator license suspended for 6 months, jail for 5 months, ASAP, probation for one year. Jail suspended.
900702:  Retention Warning from USS PUGET SOUND AD-38: Advised of deficiency (Civilian charges DUI and underage drinking.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900808:  NJP for violation of UCMJ, Article 91: Fail to obey a lawful written order by consuming alcohol while underage on 25 Jul 90, violation of UCMJ, Article 134: Disorderly conduct on 25 Jul 90.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 21 days. No indication of appeal in the record.
900808:  Retention Warning from USS PUGET SOUND AD-38: Advised of deficiency (Consuming alcohol while underage and disorderly conduct.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

901119:  Medical Evaluation: Applicant found to be alcohol dependent and recommended for Level III.

 901129:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 10 Nov 90 to 0730, 11 Nov 90 (1 day/surrendered), violation of UCMJ, Article 92: Failed to obey a lawful order, consumed alcoholic beverages while underage on 17 Nov 90 violation of UCMJ, Article 134: Disorderly conduct on 17 Nov 90
         Award: Forfeiture of $362 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.
910111:  Applicant completed Level III treatment and placed on aftercare program.
910201:  Retention Warning from USS PUGET SOUND AD-38: Advised of deficiency (Drinking underage.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910516:  NJP for violation of UCMJ, Article 86: Unauthorized absence 2400, 9May91 to 1700, 10 May 91.
         Award: Forfeiture of $422 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
910520:  USS PUGET SOUND (AD 38) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and alcohol abuse rehabilitation failure.
910520:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
910521:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and alcohol abuse rehabilitation failure. Commanding Officer’s comments (verbatim): FA S_ (Applicant) has no potential for future military service and has demonstrated no willingness to conform or follow rules and regulations of the Navy. FA S_ (Applicant) completed Level III Treatment and was placed on aftercare program on 91Jan11. At CO’s NJP of 91May16, mbr (Applicant) stated the cause of his unauthorized absence was due to his alcohol intoxication. FA S_ (Applicant) has no desire to accept responsibility or treatment for his alcohol abuse. Accordingly, I strongly recommend that FA S_ (Applicant) be separated from the U.S. Navy with a discharge under other than honorable conditions.

910528:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 910613 under other than honorable conditions for misconduct due to a pattern of misconduct (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

Issue 1: The Board found the Applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity and youth was a factor that contributed to his actions, his summary of service clearly describes his alcohol rehabilitation failure, disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. There is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. E vidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for an upgrade based on post-service conduct. The Applicant did not provide any post-service documentation for the Boards review. Therefore, relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.
Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT A PATTERN OF MISCONDUCT.

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.


PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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